Informa Professional

Cases and arbitrations in Lloyd's Maritime Law Newsletter cover a wide range of areas. Full details of recently reported cases can be found below.

The owners of the ship “Ariela” v The owners and/or demise charterers of the dredger “Kamal XXVI” and the barge “Kamal XXIV” – QBD (Com Ct) (Burton J) – 10 December 2009
Collision action – Costs – Fraud – Losing party ordered to pay successful party’s costs of liability trial – Losing party alleging that successful party had fraudulently and massively exaggerated its claim for damages – Whether losing party entitled to have costs order set aside

National Navigation Co v Endesa Generacion SA (The “Wadi Sudr”) – Court of Appeal (Waller, Carnwath and Moore-Bick LJJ) – 17 December 2009
Conflict of laws – Issue estoppel – Cargo dispute between Spanish cargo owners and Egyptian shipowners – Shipowners contending that relevant bill of lading incorporated charterparty arbitration clause – Spanish court determining that arbitration clause not incorporated – Shipowners bringing proceedings in Commercial Court for declaration that arbitration clause incorporated – Whether English court obliged to recognise and enforce Spanish court judgment

National Ability SA v Tinna Oils & Chemicals Ltd (The “Amazon Reefer”) – CA (Thomas and Hallett LJJ and Coleridge J) – 11 December 2009
Arbitration – Award – Enforcement – Claimant applying to enforce awards as judgments – Whether application subject to six-year limitation period

Africa Express Line Ltd v Socofi SA and Anr – QBD (Com Ct) (Christopher Clarke J) – 11 December 2009
Conflict of laws – Jurisdiction – Council Regulation EC No 44/2001 Article 23 – Whether parties to contract agreed English jurisdiction

SK Shipping (S) Pte Ltd v Petroexport Ltd (The “Pro Victor”) – QBD (Com Ct) (Flaux J) – 24 November 2009
Charterparty – Anticipatory breach – Whether defendant’s subjective state of mind relevant – Whether defendant’s conduct renunciatory

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